THE TAIRUA RAID.

New Zealand Herald, Volume XL, Issue 12328, 21 July 1903, Page 6

THE TAIRUA RAID.

[«T TELEGRAI'H.— COaBESPOXDEXT.]

Thames, Monday. Two young men named Joseph Hayes and John An tone Sariegh were proceeded against at the Magistrate's Court this afternoon, before Mr. R. S. Bush, S.Jff, on two charges of bavins sold beer, on two separate dates, at' Tairua, without being duly licensed to sell the same. Sergeant Darby conducted the prosecution, and Mr. E. Clendon appeared for the accused. Constables Butler and Beid gave evidence as to visiting Tairua on the 11th iust., and to having purchased, through a young man named Tnomas Held, a bottle oi beer at the shanty occupied In accused lor the sum of lb 6d. They afterwards searched the shanty on warrant, and found 10 half-cases of bottled beer, waich they (the constables) seized; they also found 50 dozen empty beer bottles and a number of empty whisky bottles about the premises. At th& time the raid was made both the accused were in the shanty, and also three other men, the latter being all under the influence of liquor, and by loosing through a crack in the door before entering a sale of liquor was seen by the constables to take place to one of the men by Hayes. After the seizure five different men claimed ownership of a, case of beer each. Thomas Keid deposed to buying a bottle of beer for Is 6tl at the shanty of accused, the beei being handed to him by Hayes. Witness said he bought the beer at the instance of the battery manager (Mr. Adams), but when he took the beer to th/» latter a house he saw the two constables there. This was the case for the prosecution. At this stage Mr.. Clendon said that some of the evidence adduced had come as a surprise I to him", and was not in accordance with his instructions. He asked for and was granted permission to constat his clients, after which he informed the Court that Hayes would [Plead guilty to the charges and Sariegh not guilty s Upon going into the box Hayes said that the shanty belonged to linn, and that no partnership existed between him and Sariegb. Hayes furlther stated that it was a custom of some of the men working at Tairua to send for cases of beer, and that the beer was consigned from Auckland to one person. One of the cases seized by the constables, he said, belonged to the defendant Sariegb. In cross-examination the witness stated that he and Sariegh were prospectors, and that they had not carried on a sly grog < business. Sariegh, in his evidence, said that all the beer had been consigned to him, because it was better to have it all sent to one person. He denied that lie was a partner with. Hayes, but said lie was iiierely a whare i companion. In giving his decision the Magistrate said he did not think the charges against Sariegh had been sustained, consequently he would be discharged, but there was no doubt about Hayes. He therefore fined the latter £10, and £8 12s costs, on the first charge, and a fine of £10, and £6 4s 3d costs, on the second charge, the whole totalling £34 17s, or, in default, a month's imprisonment would be indicted on each charge, to run consecutively. The Magistrate al=o stated that if any more cases of a like charactei were brought before him he would not deal so leniently wit!* them. The accused Hayes paid half the amount, and was allowed a month in which to pay the balance. A 'bird charge against both the accused, of selling licjHor without being licensed, was withdrawn. One of the cases of beer was ordered by the Magistrate to be handed over to Sariegh.